The House was called to order by the Associate Speaker Pro Tempore.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--e/d/s

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--excused

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Rep. Harold J. Voorhees from the 77th District, offered the following invocation:

 

"Heavenly Father we do acknowledge You in this day. We thank You for the blessings of life and of liberty and of opportunity that are ours because You sent Your Son, Jesus Christ, to show what love is all about. And so in this season of love, we ask that we may in this day be a witness of Your love in what we do. May we share You, Jesus Christ, and if need be may we do it through the use of words, but may we more do it through our actions and our smile, our hug and our love for one another. As we in this season acknowledge that birth and gift, as we give to one another, may we give those gifts that are so precious and so necessary -- the gifts of love and respect, the gifts of acknowledgment and of uplifting. We ask for Your blessing to be with us, to be with those who are yet on their way in on this wintry day, and we ask for Your guidance and direction in Christ's name. Amen."

 

 

 

 

In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.

 

 

In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.

 

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House

House Concurrent Resolution No. 69.

A concurrent resolution to urge the President of the United States to designate the Detroit River as an American Heritage River.

(For text of resolution, see House Journal No. 79, p. 2136.)

(The concurrent resolution was reported by the Committee on House Oversight and Ethics on December 4, consideration of which was postponed until December 9 under the rules.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor.

 

 

The Speaker laid before the House

House Resolution No. 75.

A resolution to memorialize the Congress of the United States to redirect some military spending to the states to enable them to meet domestic needs.

(For text of resolution, see House Journal No. 54, p. 1164.)

(The resolution was reported by the Committee on Appropriations on December 9, with amendments, consideration of which was postponed until today under the rules.)

(For amendments, see House Journal No. 95, p. 2565.)

The question being on the adoption of the proposed amendments recommended by the Committee,

The amendments were adopted, a majority of the members serving voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted, a majority of the members serving voting therefor.

The Speaker laid before the House

House Concurrent Resolution No. 44.

A concurrent resolution to memorialize the Congress of the United States to redirect some military spending to the states to enable them to meet domestic needs.

(For text of resolution, see House Journal No. 54, p. 1167.)

(The resolution was reported by the Committee on Appropriations on December 9, with amendments, consideration of which was postponed until today under the rules.)

(For amendment, see House Journal No. 95, p. 2565.)

The question being on the adoption of the proposed amendments recommended by the Committee,

The amendments were adopted, a majority of the members serving voting therefor.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor.

 

 

 

 

The Speaker assumed the Chair.

 

Rep. Gagliardi moved that Rep. Wetters be excused temporarily from today's session.

The motion prevailed.

 

 

 

 

The Speaker laid before the House

House Bill No. 5228, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1997 PA 25, and by adding section 1279a.

(The bill was received from the Senate on December 9, with substitute (S-6), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2566.)

The question being on concurring in the adoption of the substitute (S-6) made to the bill by the Senate,

Reps. Jelinek and Cassis moved to amend the Senate substitute (S-6) as follows:

1. Amend page 3, line 23, after "THE" by striking out the balance of the line through "GRADE 11" on line 24 and inserting "FIRST SEMESTER OF GRADE 12".

2. Amend page 3, line 27, after the first "THE" by striking out "BEGINNING" and inserting "END".

3. Amend page 5, line 21, after "PUPIL," by striking out "IN THE NEXT" and inserting "LATER IN THE".

The question being on the adoption of the amendments offered by Reps. Jelinek and Cassis,

Rep. Jelinek demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Jelinek and Cassis,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--53

 

 

Curtis

 

 

In The Chair: Hertel

 

 

The question being on concurring in the substitute (S-6) made to the bill by the Senate,

Rep. Perricone moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

 

 

Rep. Kilpatrick entered the House Chambers.

 

 

The Speaker laid before the House

House Bill No. 5229, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 104a (MCL 388.1704a), as amended by 1997 PA 24.

(The bill was received from the Senate on December 9, with substitute (S-4), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2566.)

The question being on concurring in the adoption of the substitute (S-4) made to the bill by the Senate,

Reps. Jelinek and Cassis moved to amend the Senate substitute (S-4) as follows:

1. Amend page 3, line 20, after "THE" by striking out the balance of the line through "GRADE 11" on line 21 and inserting "FIRST SEMESTER OF GRADE 12".

2. Amend page 3, line 24, by striking out "BEGINNING" and inserting "END".

3. Amend page 5, line 14, after "PUPIL," by striking out "IN THE NEXT" and inserting "LATER IN THE".

The question being on the adoption of the amendments offered by Reps. Jelinek and Cassis,

Rep. Jelinek demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Jelinek and Cassis,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 998 Yeas--54

 

 

Fitzgerald Kaza

 

 

Nays--50

 

 

DeHart Johnson

 

 

In The Chair: Hertel

 

 

The question being on concurring in the substitute (S-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 999 Yeas--79

 

 

 

 

Nays--26

 

 

Goschka Llewellyn

 

 

In The Chair: Hertel

 

 

The House agreed to the full title of the bill.

Rep. Goschka moved that his name be removed as sponsor of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5230, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279f (MCL 380.1279f), as added by 1996 PA 169.

(The bill was received from the Senate on December 9, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2566.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1000 Yeas--95

 

 

 

 

Nays--11

 

 

 

 

In The Chair: Hertel

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

 

 

Rep. Wetters asked and obtained a temporary excuse from today's session.

 

Rep. Martinez moved that Rep. Brewer be excused temporarily from today's session.

The motion prevailed.

 

 

The Speaker laid before the House

House Bill No. 5232, entitled

A bill to amend 1996 PA 160, entitled "Postsecondary enrollment options act," by amending section 3 (MCL 388.513).

(The bill was received from the Senate on December 9, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2566.)

The question being on concurring in the adoption of the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1001 Yeas--95

 

 

 

 

 

 

Jansen Richner

 

 

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5233, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1277 (MCL 380.1277), as amended by 1995 PA 289.

(The bill was received from the Senate on December 9, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2567.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

Rep. Raczkowski moved to amend the Senate substitute (S-1) as follows:

1. Amend page 3, following line 19, by inserting:

"(G) METHODS TO PROVIDE PARENTS AND FAMILIES WITH MEANINGFUL AND ACTIVE PARTICIPATION IN THE LEARNING PROCESS OF THEIR CHILDREN, WHICH SHALL INCLUDE AT LEAST PROVIDING PARENTAL ACCESS TO ACTUAL CLASSROOM INSTRUCTION TO THE EXTENT THAT IT DOES NOT DISRUPT NORMAL CLASSROOM ACTIVITY.".

The question being on the adoption of the amendment offered by Rep. Raczkowski,

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Raczkowski,

 

 

 

 

 

 

Rep. Gire requested the Chair to rule on the question of whether or not the amendment offered by Rep. Raczkowski is germane.

The Chair ruled that the amendment is not germane pursuant to House Rule 64. It introduces a new proposition which is not germane to the subject matter of the bill as introduced and as it is currently before the House.

 

 

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

 

 

Perricone Richner

 

 

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5234, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1280 (MCL 380.1280), as amended by 1995 PA 289.

(The bill was received from the Senate on December 9, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2567.)

The question being on concurring in the adoption of the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1003 Yeas--94

 

 

Dobb Jelinek

 

 

Nays--10

 

 

Jansen Richner

 

 

In The Chair: Hertel

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5235, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1282 (MCL 380.1282), as amended by 1993 PA 335.

(The bill was received from the Senate on December 9, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2567.)

The question being on concurring in the adoption of the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1004 Yeas--99

 

 

 

 

Nays--7

 

 

Horton Raczkowski Sikkema Whyman

Jansen Richner Voorhees

 

 

In The Chair: Hertel

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The House returned to the consideration of

House Bill No. 5228, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1997 PA 25, and by adding section 1279a.

(The bill was considered earlier today, see today's Journal, p. 2575.)

The question being on concurring in the adoption of the substitute (S-6) made to the bill by the Senate,

The substitute (S-6) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1005 Yeas--87

 

 

 

 

Nays--19

 

 

 

 

In The Chair: Hertel

 

 

The House agreed to the title as amended.

Rep. Goschka moved that his name be removed as sponsor of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

 

 

Rep. Kilpatrick asked and obtained an excuse from the balance of today's session.

 

 

 

 

 

Senate Bill No. 252, entitled

A bill to make supplemental appropriations for the department of natural resources for the fiscal year ending September 30, 1998; to provide for the acquisition of land; to provide for the development of public recreation facilities; to provide for the powers and duties of certain state agencies and officials; to make supplemental appropriations for the capital outlay and for the department of military and veterans affairs for the fiscal year ending September 30, 1997; and to provide for the expenditure of appropriations.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Reps. Hood, Mathieu and Gilmer moved to amend the bill as follows:

1. Amend page 4, line 15, after "the" by striking out "department of" and inserting "departments of community health and".

2. Amend page 5, line 11, by striking out "FY 1996-97 SUPPLEMENTAL".

3. Amend page 9, line 11, after "is" by striking out "$2,400,000.00" and inserting "$4,400,000.00".

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to make supplemental appropriations for the department of natural resources for the fiscal year ending September 30, 1998; to provide for the acquisition of land; to provide for the development of public recreation facilities; to provide for the powers and duties of certain state agencies and officials; to make supplemental appropriations for the capital outlay and for the departments of community health and military and veterans affairs for the fiscal year ending September 30, 1997; to provide for certain advances from the general fund for the department of treasury; and to provide for the expenditure of appropriations.

The motion prevailed.

The House agreed to the title as amended.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

Rep. Birkholz moved that Rep. Sikkema be excused temporarily from today's session.

The motion prevailed.

 

 

 

 

House Bill No. 5261, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Forestry and Mineral Rights,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. DeVuyst moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Middleton moved to amend the bill as follows:

1. Amend page 2, following line 15, by inserting:

"(2) A LESSEE SHALL NOT CHARGE POSTPRODUCTION COSTS INCURRED ON GAS PRODUCED FROM 1 DRILLING UNIT, POOLED OR COMMUNITIZED AREA, OR UNIT AREA AGAINST A LESSOR'S ROYALTY FOR GAS PRODUCED FROM ANOTHER DRILLING UNIT, POOLED OR COMMUNITIZED AREA, OR UNIT AREA. AS USED IN THIS SUBSECTION, "UNIT AREA" MEANS THE FORMATION OR FORMATIONS THAT ARE UNITIZED AND SURFACE ACREAGE THAT IS A PART OF THE UNITIZED LANDS, AS DESCRIBED IN THE PLAN FOR UNIT OPERATIONS THAT IS THE SUBJECT OF THE SUPERVISOR'S ORDER AS PROVIDED IN SECTION 61706." and renumbering the remaining subsections.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Middleton moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

House Bill No. 5262, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Forestry and Mineral Rights,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. DeVuyst moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. DeVuyst moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

 

 

House Bill No. 5262, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503a.

The bill was read a third time,

The question being on the passage of the bill,

Rep. Gustafson moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

 

 

House Bill No. 4061, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 503 and 2132 (MCL 324.503 and 324.2132), section 503 as amended by 1996 PA 133 and section 2132 as added by 1995 PA 60, and by adding part 610.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Forestry and Mineral Rights,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Reps. Bobier and Anthony moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Callahan moved to amend the bill as follows:

1. Amend page 7, line 9, by striking out "WHEN POSSIBLE" and inserting "AFTER CONSULTATION WITH THE NATURAL RESOURCE TRUST FUND BOARD AND APPROVAL OF THE NATURAL RESOURCE COMMISSION".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Bobier moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

 

 

 

Rep. Curtis moved that Rep. Varga be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4061, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 503 and 2132 (MCL 324.503 and 324.2132), section 503 as amended by 1996 PA 133 and section 2132 as added by 1995 PA 60, and by adding part 610.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1007 Yeas--102

 

 

Dobronski Jellema

 

 

Nays--0

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

Rep. Baird, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 1007 because of a possible conflict of interest."

 

 

 

 

House Bill No. 4204, entitled

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.

(The bill was read a second time, substitute (H-2) adopted, substitute (H-4) offered and bill postponed for the day on November 4, see House Journal No. 87, p. 2276.)

The question being on the adoption of the substitute (H-4) offered previously by Rep. Schroer,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Schroer moved to amend the bill as follows:

1. Amend page 11, following line 21, by inserting:

"4. ANY DETERMINATION THAT THE SUBJECT PROPERTY CONSTITUTES A "WETLANDS" OR DUNES AREA, OR IN AREA OF "SCENIC RIVERS ACT"?

5. ANY SALE OR TRANSFER OF DEVELOPMENT RIGHTS FROM PROPERTY?

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Schroer moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4204, entitled

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1008 Yeas--108

 

 

 

 

Nays--0

 

 

In The Chair: Hertel

 

 

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending the title and sections 2, 7, 8, and 9 (MCL 565.952, 565.957, 565.958, and 565.959), section 7 as amended by 1996 PA 92, and by adding section 7a.

The motion prevailed.

The House agreed to the title as amended.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

House Bill No. 5317, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 61513 (MCL 324.61513), as added by 1995 PA 57.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Forestry and Mineral Rights,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Middleton moved to amend the bill as follows:

1. Amend page 3, line 18, after "pool." by striking out "HOWEVER," and inserting "PRIOR TO PETITIONING FOR A HEARING TO COMPULSORILY POOL PROPERTIES, THE PETITIONER SHALL HAVE MADE A GOOD FAITH EFFORT TO LEASE EACH PROPERTY IN WHICH THE PETITIONER SEEKS TO COMPULSORILY POOL. AS PART OF THIS GOOD FAITH EFFORT, THE PETITIONER OR A REPRESENTATIVE OF THE PETITIONER SHALL HAVE CONTACTED EACH MINERAL OWNER AT LEAST TWICE AND PROVIDED AN OPPORTUNITY FOR A FACE-TO-FACE MEETING EACH TIME TO DISCUSS THE LEASE PROPOSAL. FOLLOWING EACH CONTACT, THE PETITIONER SHALL ALLOW AT LEAST A 30-DAY PERIOD FOR THE MINERAL OWNER TO RESPOND TO A LEASE PROPOSAL. WHEN THE PETITIONER OR A REPRESENTATIVE OF THE PETITIONER CONTACTS THE MINERAL OWNER, THE PETITIONER SHALL PROVIDE THE MINERAL OWNER WITH THE INFORMATION REGARDING OIL AND GAS LEASES DEVELOPED BY THE DEPARTMENT UNDER SUBSECTION (9) AND SHALL PROVIDE THE MINERAL OWNER THE NAME OF THE PROSPECTIVE LESSEE.".

2. Amend page 3, line 19, after the second "PROPERTIES" by inserting "FOR PRODUCTION OF ANTRIM GAS".

3. Amend page 6, following line 6, by inserting:

"(9) THE DEPARTMENT SHALL DEVELOP AND MAKE AVAILABLE INFORMATION ABOUT OIL AND GAS LEASES. THE LESSEE SHALL PROVIDE THIS INFORMATION TO THE LESSOR PRIOR TO SIGNING AN OIL AND GAS LEASE. THE INFORMATION SHALL INCLUDE ALL OF THE FOLLOWING:

(A) THE OIL AND GAS PRODUCTION PROCESS.

(B) THE LEASING OF MINERAL RIGHTS INCLUDING THE POTENTIAL TO NEGOTIATE THE TERMS OF THE LEASE SUCH AS A NONDEVELOPMENT CLAUSE FOR SMALLER PARCELS.

(C) THE COMPULSORY POOLING PROCESS.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Lowe moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

 

 

 

Rep. Prusi moved that Rep. Hanley be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 5317, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 61513 (MCL 324.61513), as added by 1995 PA 57.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--0

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

House Bill No. 5316, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61501 and 61517 (MCL 324.61501 and 324.61517), as added by 1995 PA 57.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Forestry and Mineral Rights,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Lowe moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Lowe moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

 

 

 

Rep. Freeman moved that Rep. Emerson be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

 

 

House Bill No. 5316, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61501 and 61517 (MCL 324.61501 and 324.61517), as added by 1995 PA 57.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1010 Yeas--104

 

 

 

 

Nays--0

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

House Bill No. 4259, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503a.

The bill was read a second time.

Rep. Alley moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. DeVuyst moved to amend the bill as follows:

1. Amend page 1, following line 10, by inserting:

"(3) IF A PERSON WHO HAS ENTERED INTO A GAS LEASE AS A LESSEE VIOLATES SECTION 61503A OR 61503B, EACH DAY THE VIOLATION CONTINUES CONSTITUTES A SEPARATE OFFENSE ONLY FOR 5 DAYS; THEREAFTER, EACH DAY THE VIOLATION CONTINUES DOES NOT CONSTITUTE A SEPARATE OFFENSE. IF A PERSON WHO HAS ENTERED INTO A GAS LEASE AS A LESSEE VIOLATES THIS SECTION AND SUCH A VIOLATION AFFECTS MORE THAN 1 LESSOR HAVING AN INTEREST IN THE SAME WELL, POOLED UNIT, OR UNITIZED AREA, THE VIOLATION AS TO ALL LESSORS SHALL CONSTITUTE ONLY 1 OFFENSE." and renumbering the remaining subsection.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Alley moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4259, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

Rep. Bogardus moved that Rep. Quarles be excused from the balance of today's session.

The motion prevailed.

 

Rep. Gagliardi questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

 

 

Roll Call No. 1012 Yeas--100

 

 

 

 

In The Chair: Hertel

 

 

 

 

House Bill No. 4065, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7212, 7401, and 7403 (MCL 333.7212, 333.7401, and 333.7403), section 7212 as amended by 1993 PA 25 and sections 7401 and 7403 as amended by 1996 PA 249, and by adding section 7401a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-7) previously recommended by the Committee on Judiciary,

The substitute (H-7) was adopted, a majority of the members serving voting therefor.

Reps. Richner and Nye moved to amend the bill as follows:

1. Amend page 4, line 25, after "YEARS" by inserting "BUT NOT LESS THAN 20 YEARS".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Bankes moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4065, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7212, 7401, and 7403 (MCL 333.7212, 333.7401, and 333.7403), section 7212 as amended by 1993 PA 25 and sections 7401 and 7403 as amended by 1996 PA 249, and by adding section 7401a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

Dobb Johnson

 

 

 

 

 

 

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7218 and 7401 (MCL 333.7218 and 333.7401), section 7401 as amended by 1996 PA 249, and by adding section 7401a.

The motion prevailed.

The House agreed to the title as amended.

Reps. Agee, Alley, Anthony, Baird, Basham, Bodem, Brown, Callahan, Ciaramitaro, Dalman, Geiger, Jansen, Jellema, Kelly, Kukuk, LaForge, Leland, Martinez, McNutt, Nye, Profit, Prusi, Rocca, Schauer, Scott, Tesanovich, Vaughn and Voorhees were named co-sponsors of the bill.

 

 

 

 

The House returned to the consideration of

House Bill No. 5261, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503b.

(The bill was considered earlier today, see today's Journal, p. 2586.)

Rep. Middleton moved to amend the bill as follows:

1. Amend page 1, line 10, after "(N₂)," by striking out the balance of the line through "GAS," on page 2, line 1.

2. Amend page 2, line 1, after "CONSTITUENTS" by inserting a comma and "EXCEPT WATER,".

3. Amend page 2, line 23, after "REGARDING" by striking out "ALL" and inserting "THE".

4. Amend page 3, line 6, after "SUBSECTION" by inserting "UNLESS VOLUNTARILY AGREED TO BY BOTH PARTIES".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. DeVuyst moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

 

 

 

Rep. Gustafson moved that Rep. Sikkema be excused temporarily from today's session.

The motion prevailed.

 

Rep. Cherry moved that Rep. Wetters be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 5261, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503b.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1014 Yeas--102

 

 

Dobb Jellema

 

 

 

 

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

Rep. Baird, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 1014 because of a possible conflict of interest."

 

 

The House returned to the consideration of

House Bill No. 5262, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503a.

(The bill was considered earlier today, see today's Journal, p. 2586.)

The question being on the passage of the bill,

Rep. Middleton moved to amend the bill as follows:

1. Amend page 1, line 5, after "BEGINS," by inserting "IN THE CASE OF A WELL WHICH COMMENCES CONTINUOUS GAS PRODUCTION,".

2. Amend page 2, line 26, after "PERIOD." by striking out the balance of the line through "AFFILIATES." on line 2 of page 3 and inserting "IN THE CASE OF A WELL WHICH COMMENCES CONTINUOUS GAS PRODUCTION,".

3. Amend page 3, line 11, after "STATEMENTS" by inserting "AND PAYMENTS".

4. Amend page 3, line 25, after "THAN" by striking out "$50.00" and inserting "$25.00".

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1015 Yeas--99

 

 

 

 

Nays--0

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

Rep. Baird, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 1015 because of a possible conflict of interest."

 

 

 

 

House Bill No. 4060, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 503b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Forestry and Mineral Rights,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Bobier moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

The Speaker called Acting Speaker DeHart to the Chair.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4060, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 503b.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1016 Yeas--104

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 502 (MCL 324.502), as amended by 1996 PA 272, and by adding section 502a.

The motion prevailed.

The House agreed to the title as amended.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 5080, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Gagliardi moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Fitzgerald moved to amend the bill as follows:

1. Amend page 2, following line 9, by inserting:

"(3) THE SCHOOL CALENDAR COMMISSION IS CREATED WITHIN THE DEPARTMENT. THE SCHOOL CALENDAR COMMISSION SHALL STUDY ISSUES CONCERNING THE PUBLIC SCHOOL CALENDAR AND REPORT ITS FINDINGS TO THE LEGISLATURE NOT LATER THAN OCTOBER 1, 1998. THE COMMISSION SHALL CONSIDER AT LEAST ALL OF THE FOLLOWING ISSUES:

(A) THE REASONS FOR THE EXISTING SCHOOL CALENDAR AND REASONS TO MAINTAIN IT.

(B) ARGUMENTS FOR AND AGAINST A UNIFORM SCHOOL CALENDAR FOR ALL PUBLIC SCHOOLS OF THIS STATE.

(C) PROPOSALS TO REQUIRE ALL PUBLIC SCHOOLS TO BEGIN THE SCHOOL YEAR AFTER LABOR DAY AND OTHER PROPOSALS TO CHANGE THE EXISTING SCHOOL CALENDAR.

(D) EFFECTS OF THE EXISTING SCHOOL CALENDAR, AND OF ANY PROPOSED CHANGES, ON THE EDUCATIONAL PROCESS.

(E) EFFECTS OF THE EXISTING SCHOOL CALENDAR, AND OF ANY PROPOSED CHANGES, ON TOURISM AND OTHER BUSINESS AND INDUSTRY, AND ON TAX REVENUE FOR THIS STATE.

(F) EFFECTS OF THE ADDITIONAL DAYS AND HOURS OF PUPIL INSTRUCTION REQUIRED UNDER SECTION 1284 ON THE EXISTING SCHOOL CALENDAR AND ON ANY PROPOSED CHANGES TO A SCHOOL CALENDAR.

(4) THE SCHOOL CALENDAR COMMISSION SHALL CONSIST OF THE FOLLOWING 13 MEMBERS, APPOINTED BY THE GOVERNOR:

(A) TWO MEMBERS REPRESENTING THE PUBLIC SCHOOLS OF THIS STATE.

(B) ONE MEMBER REPRESENTING PUBLIC SCHOOL TEACHERS.

(C) ONE MEMBER REPRESENTING PUBLIC SCHOOL ADMINISTRATORS.

(D) FOUR MEMBERS REPRESENTING TOURISM AND OTHER BUSINESS AND INDUSTRY.

(E) TWO MEMBERS REPRESENTING THE STATE BOARD.

(F) ONE MEMBER REPRESENTING THE MICHIGAN JOBS COMMISSION.

(G) TWO MEMBERS REPRESENTING THE GENERAL PUBLIC.

(5) THE MEMBERS FIRST APPOINTED TO THE SCHOOL CALENDAR COMMISSION SHALL BE APPOINTED WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.

(6) MEMBERS OF THE SCHOOL CALENDAR COMMISSION SHALL SERVE FOR TERMS OF 2 YEARS OR UNTIL A SUCCESSOR IS APPOINTED, WHICHEVER IS LATER.

(7) IF A VACANCY OCCURS ON THE SCHOOL CALENDAR COMMISSION, THE GOVERNOR SHALL MAKE AN APPOINTMENT FOR THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.

(8) THE GOVERNOR MAY REMOVE A MEMBER OF THE SCHOOL CALENDAR COMMISSION FOR INCOMPETENCY, DERELICTION OF DUTY, MALFEASANCE, MISFEASANCE, OR NONFEASANCE IN OFFICE, OR ANY OTHER GOOD CAUSE.

(9) THE FIRST MEETING OF THE SCHOOL CALENDAR COMMISSION SHALL BE CALLED BY THE GOVERNOR. AT THE FIRST MEETING, THE SCHOOL CALENDAR COMMISSION SHALL ELECT FROM AMONG ITS MEMBERS A CHAIRPERSON AND OTHER OFFICERS AS IT CONSIDERS NECESSARY OR APPROPRIATE. AFTER THE FIRST MEETING, THE SCHOOL CALENDAR COMMISSION SHALL MEET AT LEAST MONTHLY, OR MORE FREQUENTLY AT THE CALL OF THE CHAIRPERSON OR IF REQUESTED BY 6 OR MORE MEMBERS.

(10) A MAJORITY OF THE MEMBERS OF THE SCHOOL CALENDAR COMMISSION CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS AT A MEETING OF THE COMMISSION. A MAJORITY OF THE MEMBERS PRESENT AND SERVING ARE REQUIRED FOR OFFICIAL ACTION OF THE COMMISSION.

(11) THE BUSINESS THAT THE SCHOOL CALENDAR COMMISSION MAY PERFORM SHALL BE CONDUCTED AT A PUBLIC MEETING HELD IN COMPLIANCE WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.

(12) A WRITING PREPARED, OWNED, USED, IN THE POSSESSION OF, OR RETAINED BY THE SCHOOL CALENDAR COMMISSION IN THE PERFORMANCE OF AN OFFICIAL FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246.

(13) MEMBERS OF THE SCHOOL CALENDAR COMMISSION SHALL SERVE WITHOUT COMPENSATION. HOWEVER, MEMBERS OF THE COMMISSION MAY BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS MEMBERS OF THE COMMISSION.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Scranton moved to amend the bill as follows:

1. Amend page 1, line 6, after "SEPTEMBER 1" by inserting "AND SHALL ENSURE THAT ALL SCHOOL SPONSORED ACTIVITIES BEGIN NOT EARLIER THAN THE FIRST DAY OF SCHOOL".

2. Amend page 2, line 1, after "LABOR DAY" by inserting "AND SHALL ENSURE THAT ALL SCHOOL SPONSORED ACTIVITIES BEGIN NOT EARLIER THAN THE FIRST DAY OF SCHOOL."

The question being on the adoption of the amendments offered by Rep. Scranton,

Rep. Scranton demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Scranton,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

 

 

DeHart Jansen

 

 

In The Chair: DeHart

Rep. Gubow moved to amend the bill as follows:

1. Amend page 1, line 1, after "IN" by striking out the balance of the line through "(2)" on line 2 and inserting "THIS SECTION".

2. Amend page 1, line 6, after "IN" by striking out the balance of the line through "(2)" on line 7 and inserting "THIS SECTION".

3. Amend page 2, line 5, after "EXEMPTING" by inserting "SOME OR ALL OF THE SCHOOLS OR PROGRAMS OF".

4. Amend page 2, line 7, after "TO" by striking out the balance of the subsection and inserting "THOSE SCHOOLS OR PROGRAMS.".

5. Amend page 2, following line 9, by inserting:

"(3) SUBSECTION (1) DOES NOT APPLY TO A SCHOOL OR PROGRAM THAT IS SCHEDULED TO PROVIDE 190 OR MORE DAYS OF PUPIL INSTRUCTION IN THE SCHOOL YEAR.".

Rep. Gubow moved that the amendment No. 5 be considered separately.

The motion prevailed.

The question being on the adoption of amendment Nos. 1-4, offered by Rep. Gubow,

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

The question being on the adoption of amendment No. 5, offered by Rep. Gubow,

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Reps. Crissman and Hanley moved to amend the bill as follows:

1. Amend page 2, line 2, after "SEPTEMBER." by inserting "THIS SUBSECTION DOES NOT APPLY TO A SCHOOL OR PROGRAM THAT OPERATES ON A YEAR-ROUND EDUCATION CALENDAR STRUCTURED SO THAT INSTRUCTION IS PROVIDED THROUGHOUT THE YEAR AS AN ALTERNATIVE TO THE TRADITIONAL SEPTEMBER TO JUNE SCHOOL CALENDAR IN ORDER TO ADVANCE LEARNING.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 5080, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.

The bill was read a third time.

The question being on the passage of the bill,

After debate,

Rep. Hertel demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

The question being on the passage of the bill,

The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1018 Yeas--35

 

 

Nays--71

 

 

 

 

In The Chair: DeHart

 

 

 

 

Rep. Kaza, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

This legislation would mandate that public schools start after Labor Day statewide.

It is supported by business interests but not by a majority of the constituents I represent. By a three-to-one margin constituents have urged me to defend local control. Accordingly, I vote "no" on this bill."

 

Rep. Oxender, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted "no" on House Bill 5080, which would require schools to start after Labor Day. The bill attempts to put state control of school calendars on a tourism calendar, instead of allowing local boards to set their own calendar that best meets the needs of their students.

Education is the most important function the state provides, and we should not let other unrelated issues interfere with the best education policy possible."

 

Rep. Goschka, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted against House Bill 5080 because I strongly support the right and authority of a duly, locally-elected school board to make the decision as to when to begin the school year. This bill serves to strip away the long established concept of local control!

As a parent, I would personally desire that my local school district start school after Labor Day, but I believe that it would be most appropriate to deal with my locally-elected school board on the issue rather than to mandate from Lansing as to what they can and cannot do.

Do we really want to strip away the authority of the local school board? In light of the fact that ten more school days will be added to the school calendar over the next decade, do we also want to dictate when school must start? I really don't think so!

Mr. Speaker and members, I support giving authority to the local school board to make local decisions. They already have that authority, and I do not support taking it away."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Roll Call No. 1019 Yeas--99

 

 

 

 

Nays--3

 

 

Jaye Kaza Kukuk

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.